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High Court of Punjab and HaryanaCRM-M/9645/2018dismissed

Gurvinder Singh v. State Of Punjab

2018-07-11Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-9645 of 2018 (O&M) Date of Decision: July 11, 2018 Gurvinder Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Vikram Anand, Advocate for the petitioner.

Mr.Pawan Sharda, Sr. DAG, Punjab for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.25 dated 02.02.2018 under Section 379 IPC, registered at Police Station City, Kapurthala. Notice of motion was issued. Learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, I find that the FIR has been registered on the complaint of Gurmej Singh. As per the allegations, Gurvinder Singh was constructing house on his plot. He used to take payment from the complainant from time to time. On 06.08.2017, Gurvinder Singh demanded Vineet Gulati 2018.07.13 16:50 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-9645 of 2018 -2money from the complainant to which he replied that he does not have money at that time but he has account in HDFC Bank and ATM card thereof but did not know to operate the same. The complainant went with the petitioner and gave him the ATM card. Gurvinder Singh withdrew the money but gave his ATM card to the complainant and kept the ATM card of the complainant with him. Thereafter, approximately `10 lakhs has been withdrawn from the account of the complainant. It is also in the FIR that ATM card of petitioner Gurvinder Singh is still with the complainant Gurmej Singh.

Keeping in view the serious allegations, nature and gravity of the offence, I find that petitioner is required for custodial interrogation and no ground is made out for granting anticipatory bail to him. Therefore, finding no merit in the present petition, the same is dismissed.

However, nothing stated above, shall constitute my opinion on merits of the case.

July 11, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2018.07.13 16:50 I attest to the accuracy and authenticity of this document Chandigarh